Parental Leave and Employment Protection Act 1987
Part 2 Partner's or Paternity Leave

Section 17 Entitlement of employee to partner's or paternity leave

Except as otherwise provided in this Act, every employee

(a) Who is the spouse of a pregnant woman; and

(b) Who assumes or intends to assume the care of the child of the pregnancy; and

(c) Who, at the expected date of delivery of that child, will have been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to partner's or paternity leave in accordance with this Act.

Section 18 Entitlement of other adoptive parent to partner's or paternity leave

(1) Except as otherwise provided by this Act, every employee

(a) Who assumes (with a view to adoption by that employee or by that employee and that employee's spouse jointly) the care of a child who is not more than 5 years of age; and

(b) Who, at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to partner's or paternity leave in accordance with this Act.

(2) An employee shall not be entitled to partner's or paternity leave in respect of a child by virtue of subsection (1) of this section if he or she has previously taken, in respect of that child, a period of leave, being

(a) Partner's or paternity leave under this Act; or

(b) A period of leave in the nature of partner's or paternity leave under any Act other than this Act, or any employment agreement.

Section 19 Duration of partner's or paternity leave

Partner's or paternity leave shall be taken in one continuous period not exceeding 2 weeks.

Section 20 Date of commencement of partner's or paternity leave

Partner's or paternity leave shall begin

(a) On the date of confinement of the employee's spouse; or

(b) In the case of adoption, on the date on which the employee first assumes (with a view to adoption [by that employee or by that employee and that employee's spouse jointly]) the care of the child; or

(c) On such earlier or later date as is determined in accordance with section 21 or section 22 of this Act.

Section 21 Right of employee to determine date of commencement of partner's or paternity leave

Partner's or paternity leave may, at the option of the employee, begin

(a) On any date in the period

(i) Beginning on the 21st day before the expected date of delivery; and

(ii) Ending with the close of the 21st day after the actual date of delivery or, where the child is discharged from a hospital or a similar establishment more than 21 days after the actual date of delivery, the close of the day on which the child is discharged from that hospital or establishment; or

(b) In the case of adoption, on any date in the period beginning on the 21st day before the date applicable under section 18(1)(b) of this Act and ending with the close of the 21st day after the date so applicable.

Section 22 Right of employer and employee to determine date of commencement of partner's or paternity leave by agreement

Partner's or paternity leave may, by agreement between the employee and his or her employer, begin on any date.

End of Part 2